§ 1. General Information

1. These regulations define the operating principles of the Store, particularly governing customers placing orders for Goods, the method of delivery of these Goods, the form of payment, and customer rights.
2. The Store provides services in the sale of Goods, which can be ordered online via the website https://dbajoskore.pl.
3. To use the Store's services, a computer or other device with internet access is required.
4. Information about Goods (especially prices) available on the Online Store's website should be interpreted as an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
5. Familiarization with and acceptance of these regulations is a condition for using the Online Store.
6. All comments and complaints regarding the operation of the Online Store should be directed to the e-mail address: dos@empire.org.pl or by phone: +48 692 799 231.

§ 2. Definitions

• Store – an online store operating at https://dbajoskore.pl - https://dbajoskore.eu, selling Goods from its offer via the Internet, run by the Seller.
• Seller – Empire Pharma spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (03-236), ul. Annopol 17, NIP number 1251636983, KRS number 588218.
• Regulations – these Store regulations.
• Business Days – all days of the week from Monday to Friday, excluding public holidays.
• Order Fulfillment Time – the time it takes for the Store to complete the order and dispatch it via courier to the address indicated by the Customer.
• Customer – an entity conducting business activity: (1) a natural person conducting business activity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sale Agreement with the Seller. The Store does not sell to consumers.
• Goods – a product (movable item) offered by the Store, being the subject of a Sale Agreement between the Customer and the Seller.
• Account – the Customer's Store account (electronic service) identified by a unique name (login) and password, being a collection of information about the Customer and their activities within the Store.
• Registration – the procedure for creating a Customer Account, including in particular providing the Customer's contact details, carried out by filling in the Registration Form.
• Registration Form – a form available in the Store enabling the creation of an Account.
• Order Form – an Electronic Service, an interactive form available in the Store enabling the addition of Goods to the Cart and specifying the terms of the Sale Agreement, including the method of delivery and payment.
• Cart – an element of the Online Store, through which the Customer specifies order details such as: number of products, delivery address, invoice details, delivery method, payment method, etc.
• Sale Agreement – a contract for the sale of Goods concluded between the Customer and the Seller via the Store.
• Electronic Service – a service provided electronically by the Seller to the Customer via the Store.
• Order – a declaration of will by the Customer submitted via the Order Form and aimed at concluding a Sale Agreement for Goods with the Seller.

§ 3. Electronic Services in the Store (now)

1. The following Electronic Services are available in the Store: Account, Order Form.
   • 1.1. Account – using the Account is possible after completing two consecutive steps by the Customer – (1) filling in the Registration Form and (2) clicking the "Register" button. In the Registration Form, the Customer must provide the following data: name and surname, email address and password, and for companies: company name, company address, NIP number, phone number, email address and password. After verification of the data by the Store, the Customer's Account is then activated and enables placing Orders.
   • 1.2. The Electronic Service Account is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to delete the Account (cancel the Account) by sending an appropriate request to the Seller, in particular via email to: dos@empire.org.pl or in writing to: Empire Pharma Sp. z o.o., ul. Annopol 17, 03-236 Warsaw.
   • 1.3. Order Form – using the Order Form begins when the Customer adds the first Item to the Cart in the Store. Placing an Order occurs after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the "Confirm Purchase" button on the Online Store website after filling out the Order Form.
   • 1.4. In the Order Form, the Customer must provide the following customer details: name and surname, address (street, house/apartment number, postal code, city, country), NIP number (in case of business activity), email address, contact phone number, and details regarding the Sales Agreement, item and its quantity, delivery location, payment method.
   • 1.5. The Order Form Electronic Service is provided free of charge, is one-time in nature, and terminates upon the submission of an Order through it or upon the Customer ceasing to place an Order through it earlier.

2. Technical requirements necessary for cooperation with the ICT system used by the Seller: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) recommended web browser: Google Chrome version 23.0. and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling Cookies and Javascript support in the web browser.

3. The Customer is obliged to use the Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyright and intellectual property rights of the Seller and third parties. The Customer is obliged to provide data consistent with the actual state.

4. Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Store (excluding the Goods complaint procedure, which is described below) may be submitted by the Customer, among others: in writing or by email to the Seller's address.

5. To expedite the complaint process, please provide: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer's request and contact details of the complainant.

6. The complaint will be responded to immediately, no later than within 14 calendar days from the date of its submission.

§ 4. Order Fulfillment Conditions (now)

1. The Customer can place orders 24 (twenty-four) hours a day via the website https://dbajoskore.eu. After logging in, the Customer places an order by selecting the desired Product using the "ADD TO CART" or "TO CART" option, and then specifies the payment method for the order in the Cart.

2. By placing and confirming an order, the Customer enters into a sales agreement for the ordered goods with the Store.

3. The place of performance is the registered office of Empire Pharma sp. z o.o., i.e. ul. Annopol 17, 03-236 Warsaw.

4. In the order (Cart), the Customer specifies:

   a) ordered goods;

   b) the address to which the goods are to be delivered and the details (including the address) to which the invoice is to be issued. These may be two different addresses;

   c) payment method.

5. Delivery of the Goods is made via courier. Delivery of Goods exceeding PLN 300 gross in value is at the expense of the Store. In the case of delivery of Goods up to PLN 300 inclusive, the Customer will be charged a fee ranging from PLN 15-18 gross, depending on the carrier, as of the date these regulations were adopted.

6. The Online Store is not responsible for non-delivery or delay in delivery of ordered goods or order fulfillment resulting from an incorrectly provided or inaccurate delivery address by the Customer.

7. Delivery of the ordered goods will only be carried out if the ordered Goods are available. If the Store does not have the Goods ordered by the Customer and the Goods will not be available within the expected order fulfillment time, the Store will send a message to the Customer, to the email address provided by the Customer, with a request to make a decision regarding further action on the order. In such a situation, the Customer may withdraw from the order in the part that cannot be fulfilled. The Store, at the Customer's request, may extend the order fulfillment time.

8. Regardless of the rights described above, in the event of unavailability of Goods or inability to fulfill the Customer's order, the Store has the right to withdraw from the contract within 30 (thirty) days from the date of its conclusion. If the estimated order fulfillment time is longer than 30 (thirty) days, the Store has the right to withdraw from the contract within the time specified for the fulfillment of the given order. If payment for the Goods was made in advance, the Store will immediately refund the Customer the amount due for the goods in the same way the payment was made.

§ 5. Prices of Goods (now)

1. The Store posts information about its offer on https://dbajoskore.eu and offers

   Goods.

2. Prices in the Store listed next to the offered product:

   a) include VAT and are given in Polish zlotys;

   b) do not include information about shipping costs;

   c) do not include information about any customs duties.

3. The binding and final price is the price of the product displayed on the Online Store's website at the moment

   the Customer places an order using the "Place order with obligation to pay" button.

4. Information on the total value of the order is presented on the Store's website, after the Customer has selected the delivery method and payment method.

5. The Store reserves the right to make ongoing changes to the prices of goods offered, as well as to conduct and cancel all types of promotions and sales. The right referred to in the preceding sentence does not affect orders placed before the effective date of the price change, promotional terms or sales, which will be executed under the existing terms.

6. Promotions in the Store are not cumulative, unless the terms of a specific promotion state otherwise. The Store is not responsible for the erroneous combination of two or more promotions due to an IT system error and is entitled to cancel such an order.

§ 6. Order Modification (now)

1. Changes to an order can be made by contacting the Store via email at dos@empire.org.pl, provided that the order's fulfillment status allows for it, particularly if the order has not yet been dispatched to the delivery address specified by the Customer.

2. Changes may concern:

   a) cancellation of the entire order or part of it,

   b) change of delivery address,

   c) invoice details.

3. In the event of cancellation of an Order, if payment for the Goods has been made in advance, the refund will be made within 14 (fourteen) days from the date of receipt of the Customer's cancellation, to the Customer's bank account from which the payment was made. If the Customer does not have a bank account, the amount due will be refunded by postal order to the address indicated by the Customer.

4. The right to cancel an order does not apply to orders covering items manufactured according to customer specifications or serving to meet their individualized needs if the order fulfillment process has begun.

§ 7. Payment Methods and Commencement of Order Fulfillment (now)

1. Payment for goods to be delivered in Poland can be made:

   a) cash on delivery upon receipt of the shipment,

   b) bank transfer to the Online Store's bank account. Order fulfillment will commence after the Store receives confirmation of successful payment,

   c) Visa or MasterCard credit card,

   d) payments using PayU, PayPal, przelewy24 or other operators,

2. Payment for Goods to be delivered outside Poland can be made by bank transfer to the account specified by the Store. Order fulfillment will commence after the Store receives confirmation of successful payment.

3. For selected products or product categories, the Store reserves the right to exclude certain methods of order delivery or forms of payment.

§ 8. Delivery (now)

1. Delivery of Goods is payable, unless the Sales Agreement or these Regulations provide otherwise. The costs of delivering Goods (including transport fees, delivery, and transport services) are indicated to the Customer during the order placement process, including at the moment the Customer expresses their will to be bound by the Sales Agreement.

2. For most Goods, the Store specifies the order fulfillment time (in business days). The order fulfillment time includes the time required to complete all ordered items.

3. Orders within Poland are fulfilled via a courier company to the delivery address specified by the Customer.

4. Orders outside Poland are delivered to the address specified by the Customer via a courier company.

§ 9. Complaint (now)

1. The Store delivers Goods free from defects.

2. In the event that the goods have a physical or legal defect, the Customer has the right to claim under warranty in accordance with the provisions of the Civil Code.

3. To expedite the complaint process, please submit (the complaint form is available in the COMPLAINTS tab): (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer's request and contact details of the complainant.

4. If, for the Seller to respond to the Customer's complaint or to exercise the Customer's rights arising from the warranty, it is necessary to deliver the Goods to the Seller, the Customer will be asked by the Seller to deliver the Goods at the Seller's expense to the indicated address.

5. The Store will respond to the Customer's submission within 14 (fourteen) days from the date of receiving the complaint notification and inform them about the further course of action. Failure of the Seller to respond within the aforementioned period means that the Seller has deemed the complaint justified.

6. If a defect is found in the complained goods, the Store will resolve the complaint in favor of the Customer. The Store will promptly repair or replace the complained goods with a defect-free item for the Customer, if this does not cause excessive inconvenience to the Customer.

7. Based on Article 558 §1 of the Civil Code, the Parties exclude the Store's liability under the warranty.

§ 10. Promotions

In the case of promotional products with limited availability, order fulfillment is dependent on the order in which the orders are received by the Seller.

§ 11. Personal Data (now)

1. By registering in the Store, the Client agrees to the processing of their personal data related to the fulfillment of orders placed in the Store. Lack of consent to the processing of personal data makes it impossible for the Store to fulfill the Client's order. The Client is responsible for providing false personal data.

2. The Seller may process the following data of Clients using the Store:

   1. first and last name;

   2. email address;

   3. contact phone number;

   4. delivery address (street, house number, apartment number, postal code, city, country),

   5. residence/business address/registered office (if different from the delivery address).

   6. Company name and tax identification number (NIP) of the Client.

3. Personal data is protected in accordance with the Act of August 29, 1997, on the Protection of Personal Data (consolidated text Journal of Laws of 2002, No. 101, item 926, as amended) in a way that prevents access to it by third parties.

4. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, scope, and based on the principles indicated in the Regulations.

5. Possible purposes of collecting Clients' personal data by the Seller:

   1. conclusion and execution of a Sales Agreement or an Electronic Service agreement;

   2. informing about the status of the Sales Agreement;

   3. direct marketing of own products, including newsletters.

6. The Client may consent to receive commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or at a later date. In the event of such consent, the Client will receive the Store's newsletter and other commercial information sent by the Company to the email address provided. The Client may unsubscribe from the newsletter at any time independently, by sending an email request.

7. Possible recipients of personal data of Store Clients:

   a. carrier or intermediary fulfilling shipments on behalf of the Seller,

   b. entities handling payments in the Store,

8. The Administrator may process data contained in cookies while visitors use the Store's website. Cookies are information sent by the server and saved on the side of the person visiting the Store's website.

9. The Seller may process cookie data for the purpose of: identifying Clients as logged in to the Store

         ◦ remembering Products added to the Cart for placing an Order;

           ◦ remembering data from completed Order Forms or login data to the Store;

           ◦ adapting the content of the Store's website to optimize the use of the Store's pages;

           ◦ conducting anonymous statistics showing how the Store's website is used.

10. The Client has the ability to define the conditions for the use of cookies through the settings of their own web browser, but this may affect some or all of the Store's functionalities.

11. The Seller may also process anonymized operational data related to the use of the Store (so-called logs - IP address, domain) for statistical purposes. This data is aggregated and anonymous, i.e., it does not contain identifying features of individuals visiting the Store's website.

12. The basis for processing the Client's personal data is the performance of a contract to which they are a party or taking action at their request before concluding it. In the case of data processing for direct marketing of own products of the Client, the basis for such processing is (1) the Client's prior consent or (2) the fulfillment of legally justified purposes pursued by the Client's Administrator, in accordance with art. 23 sec. 4 of the Personal Data Protection Act.

     

    § 12. PROVISION REGARDING
    ENTREPRENEURS (now)

    1. The Seller has the right to withdraw from a Sales Agreement concluded with the Client within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims against the Seller by the Client who is not a consumer.
    2. The Seller has the right to limit the available payment methods, including requiring advance payment in full or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
    3. Upon the Seller's delivery of the Goods to the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage to the Goods, pass to the Client. In such a case, the Seller is not liable for loss, shortage, or damage to the Goods occurring from the time of their acceptance for transport until their delivery to the Client, nor for delays in the transport of the shipment.
    4. The Client is obliged to inspect the Goods upon receipt, in a manner customary for shipments of this type. If they find that a shortage or damage to the Goods occurred during transport, they are obliged to take all necessary steps to establish the carrier's liability.
    5. The Seller may terminate the electronic service agreement with immediate effect and without stating reasons by sending the Client an appropriate statement.
    6. The Seller's liability towards the Client, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the paid price and delivery costs under the Sales Agreement.
    7. The Seller is liable to the Client only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits in relation to the Client.
    8. Any disputes arising between the Seller and the Client shall be submitted to the court having jurisdiction over the Seller's registered office.

    § 13. FINAL PROVISIONS (now)

    1. The goods presented on the online Store's websites do not constitute an offer within the meaning of the Civil Code.
    2. The Store is not responsible for postal server administrators blocking the sending of messages to the email address indicated by the Client, nor for emails being deleted or blocked by software installed on the computer used by the Client.
    3. The Store takes due diligence to ensure that the photos of the Goods and their description correspond as accurately as possible to reality. Due to the possibility of errors occurring during updates (e.g., prices, configurations, etc.) – any discrepancies will be corrected during order fulfillment.
    4. Prices given in the Store are valid only in the online offer.
    5. In matters not regulated by these Regulations, the provisions of Polish law shall apply, especially the Civil Code.
    6. All names of goods offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117) or the Act on Combating Unfair Competition (consolidated text, Journal of Laws No. 153 of 2003, item 1503, as amended).
    7. These Regulations are effective from February 5, 2019.
    8. The Store reserves the right to change the Regulations at any time. Clients will be informed of any change to the Regulations by email and by publishing the regulations on the Store's website, and they will apply if the Client has not terminated the agreement within 14 calendar days from the date of notification. In the case of a Sales Agreement, a change to the Regulations will not infringe on the rights of Clients acquired before the change to the Regulations.
    9. Orders placed before the date of introduction of the Regulations or changes to the Regulations will be fulfilled on the basis of the rules valid on the date the order was placed.
       
       Regulations: PDF